Kiran S/O. Dagadu Bhakare v. The State Of Maharashtra

29apln3320.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CRIMINAL APPLICATION NO. 3320 OF 2017 KIRAN S/O. DAGADU BHAKARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. K.G. Gadhve-Patil h/for Mr. Wagh Shirinivas S APP for Respondent State: Mr. K. N. Lokhande

CORAM

: K. L. WADANE, J.

DATE :

10th July, 2017 ORDER:

1.

Heard learned counsel for the applicant.

2.

Issue notice to the respondent. Learned APP waives notice for the respondent State.

3.

Mr. Gadhve-Patil, the learned counsel appearing for the applicant submits that the applicant was absent for one date on 14.06.2017 and therefore, the Additional Sessions Judge issued Non Bailable Warrant. The applicant then suo motu appeared before the learned Additional Sessions Judge, Kopargaon and applied for cancellation of the Non Bailable Warrant as well as for Bail as per application Exh. 59. That application has been rejected in one word "Rejected". 4.

It is surprising to note that the learned Additional Sessions Judge, without giving any reason 1/2

29apln3320.odt for rejection of the application for cancellation of Non Bailable Warrant and bail, has rejected the application. It was expected from the learned Additional Sessions Judge to write some reasons for rejection of the same. One word's order appears to be improper. In such circumstance, the present application is allowed.

5.

The applicant shall be released on bail in connection with Crime No.I-46/2014, registered with Rahata Police Station, District Ahmednagar, on his executing P.R. Bond of Rs. 5,000/- [Rupees five thousand only], with one solvent surety in the like amount.

6.

The Registry shall send a copy of the order to the concerned Additional Sessions Judge, Kopargaon for taking note of the observations made above.

(K. L. WADANE, J.) JPC 2/2